Clock Running Down on Business Associate Compliance with HIPAA Security Rule Required by HITECH Act

Less than one month to go:  Business Associates must comply with the HIPAA Security Rule no later than Wednesday, February 17, 2010.  Here are relevant provisions from the American Recovery and Reinvestment Act, Public Law 111-5, which included HITECH Act Subtitle D:  Privacy. 42 USC 17931 (PART 1–IMPROVED PRIVACY PROVISIONS AND SECURITY PROVISIONS, Section 13401:  Application of Security Provisions and Penalties to Business Associates of Covered Entities; Annual Guidance on Security Provisions). (a)  APPLICATION OF SECURITY PROVISIONS.–Sections 164.308 (Administrative Safeguards), 164.310 (Physical Safeguards), 164.312 (Technical Safeguards), and 164.316 (Policies and Procedures and Documentation Requirements) of title 45, Code of Federal Regulations, shall apply to a business associate of a covered…

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HHS Publishes Proposed Rule for Electronic Health Record Incentive Program

HHS published today in the Federal Register:  “Medicare and Medicaid Programs–Electronic Health Record Incentive Program; Proposed Rule.”  75 FR 1844-2011.  Comments on this Notice of Proposed Rulemaking (NPRM) may be submitted to HHS no later than March 15, 2010.  Here is the Summary from the NPRM: “This proposed rule would implement the provisions of the American Recovery and Reinvestment Act of 2009 (ARRA)(Public Law 111-5) that provide incentive payments to eligible professionals (EPs) and eligible hospitals participating in Medicare and Medicaid programs that adopt and meaningfully use certified electronic health record (EHR) technology.  The proposed rule would specify the initial criteria an EP and eligible hospital must meet in order…

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HHS Publishes EHR Standards, Implementation Specifications and Certification Criteria IFR

HHS published today in the Federal Register:  “Health Information Technology: Initial Set of Standards, Implementation Specifications, and Certification Criteria for Electronic Health Record Technology”  75 FR 2013-2047.  This Interim Final Rule (IFR) is effective February 2, 2010.  Comments on the IFR may be submitted to HHS no later than March 15, 2010.  Here is the Summary from the IFR: “The Department of Health and Human Services (HHS) is issuing this interim final rule with a request for comments to adopt an initial set of standards, implementation specifications, and certification criteria, as required by section 3004(b)(1) of the Public Health Service Act.  This interim final rule represents the first step in…

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Exploring HIPAA and HITECH Act Definitions: Part 16

From now through early December, HIPAA.com is providing a run through of HIPAA transaction & code set, privacy, and security definitions, along with relevant HITECH Act definitions pertaining to breach notification, securing of protected health information, and electronic health record (EHR) standards development and adoption. These definitions are key to understanding the referenced HIPAA and HITECH Act enabling regulations that are effective now and that will require compliance by covered entities and business associates now or in the months ahead, as indicated in HIPAA.com’s timeline. Each posting will contain three definitions, with a date reference to the Federal Register, Code of Federal Regulations (CFR), or statute, as appropriate. Exploring HIPAA…

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Exploring HIPAA and HITECH Act Definitions: Part 15

From now through December, HIPAA.com is providing a run through of HIPAA transaction & code set, privacy, and security definitions, along with relevant HITECH Act definitions pertaining to breach notification, securing of protected health information, and electronic health record (EHR) standards development and adoption. These definitions are key to understanding the referenced HIPAA and HITECH Act enabling regulations that are effective now and that will require compliance by covered entities and business associates now or in the months ahead, as indicated in HIPAA.com’s timeline. Each posting will contain three definitions, with a date reference to the Federal Register, Code of Federal Regulations (CFR), or statute, as appropriate. Exploring HIPAA and…

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Exploring HIPAA and HITECH Act Definitions: Part 14

From now through December, HIPAA.com is providing a run through of HIPAA transaction & code set, privacy, and security definitions, along with relevant HITECH Act definitions pertaining to breach notification, securing of protected health information, and electronic health record (EHR) standards development and adoption. These definitions are key to understanding the referenced HIPAA and HITECH Act enabling regulations that are effective now and that will require compliance by covered entities and business associates now or in the months ahead, as indicated in HIPAA.com’s timeline. Each posting will contain three definitions, with a date reference to the Federal Register, Code of Federal Regulations (CFR), or statute, as appropriate. Exploring HIPAA and…

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ONC’s Dr. Blumenthal Announces SHARP Program Funding Availability

Please read the following announcement released on December 18, 2009: A Message from Dr. David Blumenthal, National Coordinator for Health Information Technology Today the Obama administration announced the availability of $60 million in Recovery Act funds to support the development of the Strategic Health IT Advanced Research Projects (SHARP) program. SHARP awards will fund research focused on identifying technology solutions to address well-documented problems impeding broad adoption of health information technology (health IT). By helping to overcome key challenges, the research will also accelerate progress towards achieving nationwide meaningful use of health IT. 

As we continue this unprecedented effort towards meaningful use and seamless, secure information exchange, we also must acknowledge…

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Exploring HIPAA and HITECH Act Definitions: Part 13

From now through December, HIPAA.com is providing a run through of HIPAA transaction & code set, privacy, and security definitions, along with relevant HITECH Act definitions pertaining to breach notification, securing of protected health information, and electronic health record (EHR) standards development and adoption. These definitions are key to understanding the referenced HIPAA and HITECH Act enabling regulations that are effective now and that will require compliance by covered entities and business associates now or in the months ahead, as indicated in HIPAA.com’s timeline. Each posting will contain three definitions, with a date reference to the Federal Register, Code of Federal Regulations (CFR), or statute, as appropriate. Exploring HIPAA and…

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Exploring HIPAA and HITECH Act Definitions: Part 12

From now through December, HIPAA.com is providing a run through of HIPAA transaction & code set, privacy, and security definitions, along with relevant HITECH Act definitions pertaining to breach notification, securing of protected health information, and electronic health record (EHR) standards development and adoption. These definitions are key to understanding the referenced HIPAA and HITECH Act enabling regulations that are effective now and that will require compliance by covered entities and business associates now or in the months ahead, as indicated in HIPAA.com’s timeline. Each posting will contain three definitions, with a date reference to the Federal Register, Code of Federal Regulations (CFR), or statute, as appropriate. Exploring HIPAA and…

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Exploring HIPAA and HITECH Act Definitions: Part 11

From now through November, HIPAA.com is providing a run through of HIPAA transaction & code set, privacy, and security definitions, along with relevant HITECH Act definitions pertaining to breach notification, securing of protected health information, and electronic health record (EHR) standards development and adoption. These definitions are key to understanding the referenced HIPAA and HITECH Act enabling regulations that are effective now and that will require compliance by covered entities and business associates now or in the months ahead, as indicated in HIPAA.com’s timeline. Each posting will contain three definitions, with a date reference to the Federal Register, Code of Federal Regulations (CFR), or statute, as appropriate. Exploring HIPAA and…

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